Brooklyn, NY asked in Foreclosure and Landlord - Tenant for New York

Q: I am a tenant, home in process of foreclosur lease agreement still effective from previous landlord what are my rights?

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: You cannot be evicted. Make sure you have a copy of your lease to show the buyer at the sale.

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Foreclosure procedures can take a good amount of time. Until the court appoints a receiver or the Plaintiff actually receives a Judgment of Foreclosure and Sale, you are still obligated under the terms of your existing lease with the owner. After a foreclosure auction, the new owner effectively steps into the shoes of the former landlord unless you were named as a party in the foreclosure.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.